Show A DEFECTIVE GRAND JURY A CASE in the tho federal court at cleveland ohio that came up for trial on I 1 the loth dinst is interesting to our people on account of ats i ts bearing upon the jury question that has yet set to be determined I 1 in the court of last resort the report of the case base appeared ina lna in a dispatch to the new york times of jeb feb leb lith and following follow ln r are the particulars in brief lion hon stephen A northway former president of the second national bank of J jennerson jefferson was placed on trial for embezzlement his counsel upon tile the calling of the case objected to the indictment on the ground that the grand jury which found it was defective and ill lii illegal egil ewul because an in making it up the unified united states arshal marshal Nl had called upon three r e bystanders ys an ers in n the t 0 court room roo A to ull nil 11 it up t the e panel ahe the statute requires that uhe the jury shall shail be called frommel from men w whose ose use names have been placed in t the fie lie box and drawn out one by one by the marshal marshai N a rs ha 1 jud judge judo o baxter sustained the objection as fa fatal uli lii to the indictment and the puis puls pi prisoner is oner was discharged A new indictment was subsequently found but the point was made that the grand jury which found the first indictment was illegal the similarity between the defect acknowledged by judge baxter of ohio onto and that refused to be acknowledged by bt judges jud oes zane and twiss of utah will bo be perceived at once by the in intelligent tell teil igent reader in the rudger clawson case and others the rr irv viti viii ell eil framed the indict ments was made up partly of persons summoned on open venire while the law requires that the names shall be drawn from a box and first appear on a list prepared for the purpose by the probate J judge tide tlde lide and the dierk clerk of the ane district court C urt rhe the rho petit jury that ailed the clawson 0 case was defective in like manner the illegality of those juries has to be tested before the supreme court of the united states aud and there is little doubt that like J judge baxter that court will sit do down doun n on his unlawful attempt to vindicate the law |